In the District Court of the United States, for the Eastern District of Pennsylvania, the United States of America, petitioner, vs. Motion Picture Patents Company, et al., defendants (1914)

Record Details:

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Defendants' Exhibit No. 105. 3175 to sell the right, title and interest aforesaid to the party 1 of the second part, and in which the party of the second part will, at eight o'clock in the forenoon of the sixtli day of September, 1910, acquire such right, title and interest aforesaid, under the terms of this agreement, including all of such property as is in the possession of exhibitors and transportation companies in (lie regular course of the aforesaid business of the party of the first part. SIXTH: The party of the first part further agrees that if errors or omissions of property should be round by the party of the second part in the aforesaid inventory, it 9 will furnish to the party of the second pari such additional inventories and information as the latter may demand for the correctioiii of such errors, the supplying of such omissions and for the locating and obtaining possession of property so omitted. SEVENTH: The party of the first part further agrees that the property aforesaid in which the party of the first part herein agrees to sell the right, title and interest aforesaid to the party of the second part, and in which the party of the second part will, at eight o'clock in the forenoon of the sixth day of September, 1910, acquire such right, 3 title and interest under the terms of this agreement, shall include all of the property which collectively formed the equipment and stock of motion pictures and merchandise of the aforesaid business of the party of the first part on the first day of March, 1910, wherever located, and all additions to said equipment and stock of motion pictures and merchandise between the date last named and eight o'clock in the forenoon of the tilth day of September, 1910, with the following exceptions: (1st) new motion picture projecting machines', new stereopticans, new auxiliaries and attachments for motion picture projecting machines and -1 stereopticons, new parts of motion picture projecting machines and stereopticons, new slides of songs, announcements, views and advertisements, electric light carbons, admission tickets, new phonographic records, and supplies for exhibitors of motion pictures, which were sold by the party of the first part as new merchandise, end shipped to the buyers thereof, before eight o'clock in the forenoon of the fifth day of September, 1910, the party of the first part, however, expressly agreeing that all such articles of merchandise as have been rented to anv exhibitor or used